A couple of nights ago, while conducting a probation check at a residence on the 2800 block of Boa Vista Drive, the Costa Mesa Police Department’s Gang Unit located a loaded AR style rifle with a 3D printed lower, methamphetamine, fentanyl, several high-capacity magazines and an assortment of ammunition.
The Gang Unit arrested Everett Statum, 33, who is known to law enforcement, on a variety of felony charges including possessing a loaded firearm while in possession of illegal drugs.
California Penal Code 30605 defines possession of an assault weapon as: “Anyone within this state, possesses an assault weapon, except as provided in this chapter, will be punished by imprisonment for up to one year in a county jail, or by imprisonment pursuant to subdivision (h) of Section 1170,” according to the Eisner Gorin LLP.
A violation of Penal Code Section 30605 is a “wobbler,” under California law, meaning it can be alleged as either a felony or a misdemeanor. It also means that even if the defendant is convicted of a felony, the conviction can potentially be reduced to a misdemeanor in the future.
If the defendant is charged with a misdemeanor-level violation of possession of an assault weapon, the penalties include:
- Maximum punishment is one year in the county jail
- A fine up to $1,000, or both the fine and imprisonment
If a felony-level charge under Section 30605 is alleged, the penalties include:
- Punishment is 16 months, two years, or three years in California state prison
- A fine up to $10,000, or both a fine and imprisonment.
However, it should be noted there are infraction charges available under California Penal Code 30605. For example, if it was your first conviction under statute, you had no more than two weapons, and other criteria.
Related California Offenses for Penal Code 30605 include Penal Code 30600, manufacturing an assault weapon. Also, Penal Code 30610, possession of a .50 BMG rifle.
$1,000 fine? It’s probably a stiffer fine for smoking a cigarette within 20 feet of operable doors or windows. Ridiculous!
No, if he is a Felone then he needs to be sentanced to death , by hanging , now not years from now , same as the 4 men cot steeling money out of a man’s car , instead of the state paying for food and board for criminal’s they should be Hung or the electric chair with in 3 day’s of the crime , saving our state Million’s in State fund’s that should be used to booster the police and or our school’s .
Don A. Pardew